| (2) must not require a program participant to contribute
toward the cost of services the program participant receives;
(3) may provide a program participant with a contribution
schedule that suggests a contribution amount based on the income ranges
of the program participant population, but may not determine a program
participant's income using a means test;
(4) must protect the privacy of a program participant
with respect to the program participant's contribution;
(5) must establish appropriate procedures to safeguard
and account for all contributions made; and
(6) must use all program participant contributions
to support or expand services for which the program participant contributed,
in accordance with applicable state and federal laws, rules, and regulations.
(m) Facilities. A AAA must ensure that facilities in
which services are provided are in compliance with applicable local
building codes and ordinances and applicable state and federal laws,
rules, and regulations.
(n) Tobacco policy. A AAA must prohibit the use of
tobacco during the hours of operation of and in areas designated for
Older Americans Act programs.
(o) Insurance. A AAA must maintain insurance that protects
the health and safety of its employees and of program participants
and complies with all applicable state and federal laws, rules, and
regulations.
(p) Records. A AAA:
(1) must develop, maintain, and retain records in accordance
with the Uniform Grant Management Standards, Subpart C;
(2) must establish written procedures to adequately
ensure proper development, maintenance and retention of all financial
records, supporting documents, statistical records and all other records
relating to its performance;
(3) must maintain all records for a minimum of five
years following the end of the federal fiscal year to which the record
pertains and until any pending litigation, claim or audit findings,
issuance or proposed disallowed costs or other disputes have been
resolved;
(4) must maintain all records at a designated central
location regardless of whether the AAA has one or multiple locations;
and
(5) must give HHSC, the Comptroller General of the
United States, and the State of Texas, through any authorized representatives,
access to its records, including:
(A) financial records such as contracts, general ledgers,
invoices, accounts payable, and accounts receivable;
(B) program participant records unless specifically
prohibited by law;
(C) other documents related to HHSC funded programs;
and
(D) any other records not directly related to the AAA
if the purpose of such access is to review charges to any indirect
costs pool.
(q) Service provider compliance. A AAA must ensure
that a service provider complies with requirements described in subsections
(f) - (p) of this section.
(r) Contingency plan. A AAA must have a written plan
ensuring continuity of services to a program participant in the event
a service provider is unable to provide a service.
(s) Designation of focal points. A AAA must comply
with the Older Americans Act, §306(a)(3)(A) and (B) regarding
designation of focal points.
(t) Visibility.
(1) A AAA must use the logo designed by HHSC (illustrated
in paragraph (2) of this subsection) to ensure a uniform, statewide
symbol for AAAs.
(2) A AAA must use the logo on all printed material
it develops.
Attached Graphic
(u) AAA contact information.
(1) A AAA must publicize its contact information through
a variety of media such as telephone directories, resource directories,
the Internet, and other outreach tools for persons who reside in any
geographical area that lies in whole or in part in the planning and
service area served by the AAA.
(2) Contact information must begin with the words "area
agency on aging" and must include the host agency, as applicable.
A AAA must ensure that a telephone call to the AAA is answered "area
agency on aging."
(v) Phrase for printed material. A AAA must cite HHSC
as the primary funding source using the phrase "Funded by the Texas
Health and Human Services Commission" or "Funded in part by Texas
Health and Human Services Commission" on all printed material.
(w) Identification of a AAA facility. A AAA must prominently
display a sign outside its primary place of business that:
(1) adheres to local ordinances concerning signs; and
(2) conforms to the requirements in subsection (t)
of this section.
(x) Emergency management.
(1) When a disaster occurs, a AAA must notify HHSC
of its need to provide for emergency management activities, provide
information to HHSC regarding the impact of the disaster on the older
population in its service area, provide emergency management services
in accordance with current Administration on Aging disaster relief
guidelines, and collect pertinent data necessary to submit reimbursement
requests for disaster services.
(2) A AAA must consult with the appropriate agencies
that have an interest or role in meeting the needs of persons 60 years
of age or older to plan for the occurrence and aftermath of natural,
civil defense, or man-made disasters. To accomplish this, a AAA must:
(A) develop an emergency disaster plan in accordance
with HHSC requirements;
(B) require by contract or vendor agreement that a
service provider develop plans for emergency management; and
(C) provide technical assistance as necessary to service
provider staff persons regarding emergency management activities.
(y) Reporting abuse, neglect, or exploitation.
(1) A AAA must instruct its staff persons and representatives,
other than a representative of the Office as defined in 26 TAC §88.2,
to report allegations of abuse, neglect, or exploitation of a program
participant to the Department of Family and Protective Services (DFPS)
in accordance with Texas Human Resources Code, Chapter 48. A report
must be made by calling 1-800-252-5400 or by following the instructions
available at www.txabusehotline.org.
(2) The AAA must take appropriate corrective action
if:
(A) a staff person, other than a representative of
the Office as defined in 26 TAC §88.2, does not report an allegation
of abuse, neglect, or exploitation of a program participant in accordance
with Texas Human Resources Code, Chapter 48; or
(B) DFPS confirms abuse, neglect, or exploitation of
a program participant by a staff person of the AAA.
(z) Emergency services. A AAA must instruct all of
its staff persons to call 911 or another local emergency hotline
for fire-fighting, police, medical, or other emergency services, as
appropriate, in the event of an emergency involving a program participant.
(aa) Reporting waste, abuse, or fraud.
(1) A AAA must instruct its staff persons and representatives
to report allegations of waste, abuse, or fraud, as defined in 1 TAC §371.1601
(relating to Definitions), regarding a service described in subsection
(a)(2) of this section. A report must be made to:
(A) the Texas Health and Human Services Commission
(HHSC), Office of the Inspector General, in accordance with the HHSC
instructions available at www.hhs.state.tx.us; and
(B) HHSC by calling 1-800-436-6184.
(2) The Office of the Inspector General investigates
reports of waste, abuse, or fraud in accordance with 1 TAC, Chapter
371, Subchapter G.
(bb) Ethical conduct.
(1) A AAA must ensure that its staff persons and representatives
conduct themselves in an ethical manner.
(2) A AAA staff person may not:
(A) engage in inappropriate treatment of a program
participant or person seeking services;
(B) withhold or suppress a complaint or report against
the AAA or HHSC;
(C) retain or distribute program participant information
for personal gain;
(D) obtain a certification by fraud or deceit; or
(E) knowingly participate in the preparation of false
or misleading program participant information.
(3) A AAA must instruct all staff persons and representatives
to report allegations of unethical conduct, as described in paragraph
(2) of this subsection, to HHSC's AAA Section Manager.
(cc) Service provider compliance. A AAA must ensure
that a service provider complies with the requirements described in
subsections (y), (z), (aa)(1)(A), and (bb) of this section.
(dd) Complaints. A AAA must ensure that a service provider:
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